for
consultation in cases involving the PRC's
defence or foreign affairs;
to safeguard the independence of Hong Kong's
prosecuting authority; and
(iii) to ensure that provisional
requests can
continue to be made without delay in cases Of
urgency (e.g. where a suspect may be about to
abscond).
INTERPRETATION
8.
The memorandum on requests to Hong Kong presented to
the Chinese side in June 1986 was drafted before agreement had
been reached on the right
right to instruct.
to routine
reference to consultation,
appropriate levels of decision making.
It contained по
notification or to
have now taken
account of these points and in both new Seca of outline
procedures have used the phrase "involve the defence or
foreign affairs of the PRC" to describe cases that fall within
the scope of the consultation process. In doing so we have
borne in mind the two sides' common understanding that the
cases in which instructions may be given will be care and
should fall within an area that is neither too narrow nor too
broad. We suggest that the description "involve" should be